Anti-Money Laundering and Counter-Terrorism Financing and Other Legislation Amendment Act 2020 (133 of 2020)

Schedule 1   Amendments

Part 3   Tipping-off offence

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

19   Subsections 123(1), (2) and (3)

Repeal the subsections, substitute:

Prohibitions

(1) A reporting entity must not disclose to a person other than an AUSTRAC entrusted person:

(a) that the reporting entity has given, or is required to give, a report under subsection 41(2); or

(b) any information from which it could reasonably be inferred that the reporting entity has given, or is required to give, that report.

(2) If:

(a) a reporting entity gives a report to the AUSTRAC CEO under section 41, 43 or 45; and

(b) in connection with that report, the reporting entity (the recipient ) or another person (also the recipient ) is required by a notice under subsection 49(1) to give information or produce a document;

the recipient must not disclose to a person (except an AUSTRAC entrusted person, the person who gave the notice or any other person who has given a notice to the recipient under subsection 49(1) in connection with that report):

(c) that the recipient is or has been required by a notice under subsection 49(1) to give information or produce a document; or

(d) that the information has been given or the document has been produced; or

(e) any information from which it could reasonably be inferred that:

(i) the recipient had been required under subsection 49(1) to give information or produce a document; or

(ii) the information had been given under subsection 49(1); or

(iii) the document had been produced under subsection 49(1).